Guam § 5202 - Definitions.

§ 5202. Definitions.

As used in this Chapter:

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(a) Disability means any condition or characteristic that renders a

person a disabled person as defined in Subsection (b) of this Section.

(b) Disabled person means any person who:

(1) has a physical or mental impairment which substantially

limits one or more major life activities;

(2) has a history of, or has been classified as having an

impairment which substantially limits one or more major life

activities;

(3) has a physical or mental impairment that does not

substantially limit major life activities but that is treated by others

as constituting such a limitation; or

(4) has a physical or mental impairment that substantially

limits major life activities only as a result of the attitudes of others

as having such an impairment.

(c) Discriminate or discrimination means to segregate or

unreasonably differentiate in treatment, whether intended or

unintended, or to act in a manner fair in form but discriminatory in

operation based upon disability or use of adaptive devices.

(d) Major life activities means functions such as, but not limited

to, caring for one's self, performing manual tasks, walking, seeing,

hearing, speaking, breathing, learning and working.

(e) Physical or mental impairment means:

(1) any physiological disorder or condition, cosmetic

disfigurement or anatomical loss affecting one or more of the

following body systems: neurological, musculoskeletal, special

sense organs, respiratory, including speech organs, cardiovascular,

reproductive, digestive genito-urinary, hemic and lymphatic, skin

and endocrine; or

(2) any mental or physiological disorder, such as mental

retardation, organic brain syndrome, emotional or mental illness

and specific learning disabilities.

(f) Use of adaptive device means the utilization of any item to

compensate for a physical or mental impairment, including but not

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limited to, braces or other supports, wheel chairs, talking boards,

hearing aids, corrective lenses or seeing eye dogs.

(g) Qualified individual means an individual who can perform the

essential functions of the job in question. As applied to a disabled

individual, qualified individual means an individual who, with

reasonable accommodation, can perform the essential functions of the

job in question. Receipt or alleged receipt of treatment for a disability,

whether physical or mental shall not constitute evidence of a person's

inability to perform the essential functions of a particular job or

position. In addition, uninsurability or increased cost of insurance under

a group or employee insurance plan does not render a disabled person

unqualified.

If a disabled person is qualified to perform a particular occupation

by reason of training or experience, the nature of that occupation shall

not be the basis for exception to the unfair or discriminatory practices

prohibited by this Section.

(h) Sexual orientation means having a preference for

heterosexuality, homosexuality, or bisexuality, having a history of any

one or more of these preferences, or being identified with any one or

more of these preferences.

(i) Gender identity or expression means a person's actual or

perceived gender, as well as a person's gender identity, gender-related

self-image, gender-related appearance, or gender-related expression,

regardless of whether that gender identity, gender-related self-image,

gender-related appearance, or gender-related expression is different

from that traditionally associated with the person's sex at birth.

(j) Veteran and military status means a person's status on active

duty in or status as a veteran of the armed forces of the United States,

status as a current member or veteran of any reserve component of the

armed forces of the United States, including the United States Army

Reserve, United States Marine Corps Reserve, United States Navy

Reserve, United States Air Force Reserve, and United States Coast

Guard Reserve, or status as a current member or veteran of the Guam

National Guard.